CHAPTER 306
BROADCASTING SERVICES ACT

[SUBSIDIARY LEGISLATION]

INDEX TO SUBSIDIARY LEGISLATION

   REGULATIONS

      The Broadcasting Services Regulations

REGULATIONS

THE BROADCASTING SERVICES REGULATIONS

TABLE OF CONTENTS

PART I
PRELIMINARY PROVISIONS

   Regulation

Title

   1.   Title.

   2.   Interpretation.

PART II
APPLICATION AND LICENSING PROCEDURES

   3.   Application for licence.

   4.   Submission of applications.

   5.   The licensing procedure.

   6.   Fees.

   7.   Interest on late payments.

   8.   Conditions of licences.

   9.   Payment of royalty and other dues.

   10.   Appeals to the Minister.

   11.   Other matters.

   12.   Amendments.

SCHEDULES

THE BROADCASTING SERVICES REGULATIONS

(Section 27(1))

[1st January, 1994]

G.N. No. 449 of 2000

PART I
PRELIMINARY PROVISIONS (regs 1-2)

1.   Title

   These Regulations may be cited as the Broadcasting Services Regulations.

2.   Interpretation

   In these Regulations, unless the context otherwise requires–

   "the Act" means the Broadcasting Services Act *;

   "Commission" means the Tanzania Broadcasting Commission;

   "licensed services" means services licensed by the Commission under Part III of the Act;

   "Minister" means the Minister responsible for information and broadcasting;

   "renewal payment" means such amount as the Commission determines to be payable to it by the licensee pursuant to the Act in respect of the first complete calendar year falling within the period for which the licence is to be renewed;

   "renewal date" means the date which the Commission determines to be by which it would need to publish a notice under section 12 of the Act if it were to grant, as from the date on which the licence would expire if not renewed, a fresh licence to provide the licensed service at the end of the licence period.

PART II
APPLICATIONS AND LICENSING PROCEDURES (regs 3-12)

3.   Application for licence

   (1) The Commission under the powers conferred by the Act, processes applications for the award of licences for broadcasting services, importers and distributors of broadcasting apparatus dealers in broadcasting apparatus, repairs of broadcasting apparatus and operators in broadcasting service.

   (2) The applicant, with a valid trading licence, shall get an application form from the Commission after paying the prescribed fee.

4.   Submission of applications

   (1) Applications for licences must be–

   (a)   in the form prescribed in Appendix 2 and shall be typed and provided in English;

   (b)   accompanied by a summary of essential features of the application;

   (c)   accompanied by an appropriate non-refundable application fee.

   (2) The Commission shall accept no liability for any expenditure incurred by the applicant in preparing an application whether or not submitted and whether or not successful.

5.   The licensing procedure

   (1) Application for grant of a licence shall be considered by the Commission according to the provisions of section 10(3) of the Act.

   (2) The Commission shall need to be satisfied that an applicant is a fit and proper person to hold a licence and is not disqualified.

   (3) An applicant must notify the Commission, without delay, any material change affecting his application including any change in shareholding and structure.

   (4) The Commission's assessment shall be based, in the first instance, upon the written information supplied by the applicant in response to the questions set out in the application form. However, at any time after receiving the application and before making the award, the Commission may require the applicant to furnish additional information to his application.

   (5)(a) In addition to written clarification, the Commission shall seek a meeting (or meetings) with an applicant in order to seek clarification on any aspects of the application.

   (b) Not less than two thirds of the members of the Commission are required at such meetings.

   (c) The Commission will also take into account representations made to it by members of the public with regard to the application.

   (6) If it emerges during the consideration of an application that information supplied to the Commission by the applicant is false in any material particular or that he has withheld material information, the Commission may reject the application.

   (7) Each applicant who has been granted a licence (Appendix 4 for broadcasters and Appendix 5 for dealers) shall be expected to expeditiously secure the grant of his licence not later than four months from the date of the award, failure of which the licence shall lapse.

   (8) In the event of loss of licence or desire by the licensee to obtain more copies of the licence, the Commission may issue such copies upon payment of prescribed fees.

   (9) Every licence issued shall bear the Coat of Arms of the United Republic and the Seal of the Commission.

6.   Fees

   (1) The licensee shall pay to the Commission such fees as the Commission may determine in accordance with the tariff fixed by it and for the time being in force under section 10 and 11 of the Act, details of which, and of any revision whereof are provided under Appendix 3 of these Regulations.

   (2) The said fees shall be payable in US dollars or in the equivalent local currency.

   (3) The licensee shall pay to the Commission on the commencement of the licence period and on each anniversary thereof throughout the licence period or on such other date in each year of the licence period such amount as the Commission may specify and notify the licensee, being the licensee's contribution towards the development of the broadcasting industry in the country.

7.   Interest on late payments

   Any payment due from the licensee under or in respect of the licence shall carry interest at three percent over the base rate for the time being of National Bank of Commerce from the date such payment was due until the date of actual payment.

8.   Conditions of licences

   (1) The licensee shall ensure he complies with the requirements of the Act and in particular with the approved conditions of licence as elaborated in Schedule I in case of broadcasting services licence and Schedule II in case of broadcasting apparatus licence.

   (2) The licensee shall ensure he complies with the requirements of the Act and in particular with the approved broadcasting services of the licensed service and apparatus as elaborated in Annex I in case of broadcasting services licence and Annex II in case of broadcasting apparatus licence.

9.   Payment of royalty and other dues

   The Commission may, pursuant to section 20(d) of the Act, impose to the licensee such royalty and any other dues as the Minister may approve.

10.   Appeals to the Minister

   (1) Any person aggrieved by a decision of the Commission granting or refusing an application may appeal to the Minister.

   (2) Such an appeal shall be in writing and be made within three months after publication of the Commission's decision.

   (3) The Minister shall consider the appeal accordingly and his decision shall be final.

11.   Other matters

   (1) The Commission, may with the approval of the Minister, allocate part of its income or revenue accruing from its collection, for such purposes as training and development of the broadcasting industry or any other purposes relevant to the functions of the Commission.

   (2) The Commission shall have its own emblem which shall appear on all correspondence.

   (3) Pursuant to section 3(3) of the Act, the Minister in consultation with the Commission, may exempt licensee from paying fees or any other dues to the Commission.

12.   Amendments

   Any amendment to these Regulations shall be made and approved by the Minister in consultation with the Commission.

SCHEDULE I
CONDITIONS OF LICENCE TO PROVIDE BROADCASTING SERVICE

(Section 8)

1.   Definition and interpretation

   (1) In these conditions and in the Conditions in the Annex unless the context otherwise requires–

   "the Act" means the Broadcasting Services Act *;

   "the appropriate percentage" means, in relation to any year or any relevant year the percentage which corresponds to the percentage increase between–

   (a)   the retail prices index for the month of November in the year preceding the first complete calendar year falling within the licence period; and

   (b)   the retail prices index for the months of November in the year preceding the relevant year,

and for this purpose, "the retail prices index" means the general index of prices for all items published by the Ministry of Finance;

   "Association Programme Provider" means any Body which is connected involved to any extent in the provision of programmes for inclusion in the licensed service;

   "Body" means a body of persons whether incorporated or not, and includes a partnership;

   "BMCC" means Broadcasting Monitoring Complaints Committee of the Commission;

   "BTC" means Broadcasting Technical Committee of the Commission;

   "Code of Advertising and Sponsorship" means the code governing standards and practice in advertising and in the sponsoring of programmes in the provision of licensed services and drawn up and from time to time revised by the Commission in accordance with section 13 of the Act;

   "commencement date" means the date referred to in clause 2 of the licence;

   "initial licence period" means the period of five/three years from the commencement date or, if shorter, the period from the commencement date until such date as the licence is revoked or renewed in accordance with these conditions;

   "Interest" of a particular percentage (or more than a particular percentage) in a body corporate is a reference to a person or group of persons who–

   (a)   holds or is beneficially entitled to that percentage (or more than that percentage) of the shares in the body; or

   (b)   possesses that percentage (or more than that percentage) of the voting power in that body;

   "licensed area" means the coverage area achieved when the programmes included in the licensed service are transmitted from the station specified in paragraph 20 of Annex I (as varied from time to time pursuant to the provision to condition 2(1), subject to such station being operated in accordance with the Technical Performance Code, and otherwise in accordance with the details set out in paragraph 20 of Annex I;

   "licence period" means the initial licence period any subsequent licence period, as the context shall require;

   "licensed services" means services licensed by the Commission under Part III of the Act;

   "Minister" means the Minister responsible for Information and Broadcasting;

   "previewing" in relation to an advertisement intended for inclusion in the licensed services, refers to the viewing of such advertisement by the Commission in advance of it being broadcast for general reception;

   "programme code" means the code giving guidance as to the rules to be observed with respect to programmes included in the licensed services and as to other matters concerning standards and practice for such programmes as drawn up and from time to time revised by the Commission in accordance with section 13 of the Act;

   "relevant date" means the date which the Commission determines to be by which it would need to publish a notice under section 12 of the Act if it were to grant, as from the date on which the licence would expire if not renewed, a fresh licence to provide the Licensed Service at the end of the licence period;

   "relevant period" means the period beginning with the date on which the licence was awarded and ending on the first anniversary of the commencement date;

   "renewal payment" means such amount as the Commission determined to be payable to it by licence pursuant to the Act in respect of the first complete calendar year falling within the period for which the licence is to be renewed;

   "service" means television/radio broadcasting;

   "schools programmes" means programmes which are intended for use in schools;

   "subsequent licence period" means any period of five or three years from the date on which the licence is renewed in accordance with the conditions set out in paragraph 16 or, if shorter, the period from the date on which the licence is renewed until such date as it is revoked or renewed again in accordance with these conditions;

   "TCC" means Tanzania Communication Commission;

   "Technical Performance Code" means the Code governing technical standards and practice in–

   (a)   programme production and acquisition;

   (b)   broadcasting for general reception; and

   (c)   distributions,

in the provision of licensed services as drawn up and from time to time revised by the Commission.

   (2) Any word or expression used in these conditions shall unless otherwise defined herein and or the context otherwise requires, have the same meaning as it has in the Act.

   (3) For the purposes of interpreting these Conditions headings and titles to any Conditions shall be disregarded.

   (4) This licence shall be governed by the laws of the United Republic of Tanzania.

2.   Provision of television radio service by the licensee

   (1) The licensee shall provide the Licensed Service for the licence period and in the licensed area by procuring that the programmes to be included in the Licensed Service are broadcast from the stations specified in, and otherwise in accordance with paragraph 20 of Annex I, and on the days and not outside the hours specified in paragraph 21 of the Annex I thereof provided that the Commission may (having first consulted the licensee) from time to time by notice to the licensee amend paragraph 20 of Annex I–

   (a)   by adding to the stations therein referred to a reference to an additional station or stations serving an additional area, whether or not such additional area is served in whole or in part by another station from which programmes are broadcast on; and/or

   (b)   by deleting references to any station or stations where such deletion is required pursuant to the revocation by the Commission pursuant to the Act of the assignment of any frequency and any such variation shall take effect on such date or event as the Commission shall in such notice specify whereupon paragraph 20 of Annex I shall be deemed to have been amended so as to include particulars of the broadcasting station as so varied.

   (2) Nothing in this licence shall constitute or imply any warranty, representation or obligation on the part of the Commission as to the size or location of the areas actually capable of receiving the programmes provided by the licensee pursuant to the licence or that programme services provided by the holder of any other licence not be capable of reception in the whole or any part of the licensed area.

   (3) The licensee shall not be authorised by or under the licence to broadcast or procure the broadcasting of anything other than the Licensed Service, subtitling in accordance with the conditions set out in paragraph 10, and service (other than subtitling) which are ancillary to programmes included in the Licensed Service and directly related to their contents.

3.   Fees

   (1) The licensee shall pay to the Commission such fees as the Commission may determine in accordance with the tariff fixed by it and for the time being in force under section 11(1) of the Act, details of which, and of any revision whereof, the Commission shall provide to the licensee in writing.

   (2) Payment of the fees referred to in Condition 3(1) shall be made in such manner as the Commission shall from time to time, specify.

4.   Additional payments and contributions to the Commissions

   The licensee shall pay to the Commission from the commencement date and on each anniversary thereof throughout the licence period or on such other date in each year of the licence period as the Commission may specify such amount as the Commission shall notify to the licensee, being the licensee's contribution towards the development of television/radio broadcasting services in the country.

5.   Interest on late payment

   (1) Any payment due from the licensee under or in respect of this licence shall carry interest at three percent over the base rate for the time being of the national Bank of Commerce from the date such payment was due until the date of actual payment.

   (2) The licensee's liability to pay to the Commission the amount payable by him under paragraph 5(1) shall accrue from day to day and shall be calculated on the basis of 365 days and for the actual number of days elapsed.

6.   Programme standards and requirements

   (1) The licensee shall ensure that the Licensed Service complies with the requirements of the Act and in particular that–

   (a)   nothing is included in the Licensed Service which offends against good taste or decency or is likely to encourage or incite to crime or to lead to disorder or to be offensive to public feeling;

   (b)   any news given (in whatever form) in the programmes included in the Licensed Service is presented with due accuracy and impartiality;

   (c)   due impartiality is preserved on the part of the licensee as regards matters of political or industrial controversy or relating to current public policy. For the purposes of this paragraph a series of programmes may be considered as a whole and the licensee shall ensure that the provisions of the code of guidance as drawn up and from time to time revised by the Commission in accordance with section 13 of the Act are observed in the provision of the Licensed Service;

   (d)   due responsibility is exercised with respect to the content of any of the programmes included in the Licensed Service which are religious programmes, and that in particular any such programmes do not involve–

      (i)   any improper exploration of any susceptibilities of those watching such programmes; or

      (ii)   any abusive treatment of the religious views and beliefs of those belonging to a particular religion or religious denomination;

   (e)   programme in the Licensed Service do not include any technical device which by using images of very brief duration or by any means exploits the possibility of conveying a message to, or otherwise influencing the minds of persons watching the programmes without their being aware or fully aware of what has occurred; and

   (f)   there are excluded from the programmes included in the Licensed Service all expressions of the views and opinions of the licensee on matters (other than the provision of programme services) which are of political or industrial controversy or relate to current public policy;

   (g)   official language(s) is (are) used in the programmes;

   (h)   programmes in non-official languages shall require the approval of the Commission.

   (2) The licensee shall ensure that the provision of the Programme Code are observed in the provision of the Licensed Service.

   (3) The licensee shall comply with the conditions set out in paragraph 20 of the Annex I (as varied from time to time by the Commission in accordance with the conditions set out in paragraph 26).

7.   Provision of news programmes

   The licensee shall include in the Licensed Service news programme of high quality dealing with national and international matters and shall ensure that such programmes are broadcast at intervals throughout the licence period in accordance with paragraph 2 of Annex I, and in particular at peak viewing times.

8.   Schools programmes

   (1) The licensee shall if so be required by the Commission by not less than six months' notice to the licensee–

   (a)   produce acquire from other persons or finance the production of such number of hours of schools programmes per annum as the Commission shall specify;

   (b)   include in the Licensed Service such number of hours per week of schools programmes, to be broadcast during normal school attendance hours, as the Commission shall from time to time specify;

   (c)   provide such material for use in connection with any schools programmes included in the Licensed Service as may be necessary to secure that effective use is made of those programmes for educational purposes in schools; and

   (d)   from time to time consult such bodies or other persons who are concerned with or have an interest in, schools or the production of schools programmes as the Commission shall from time to time specify.

   (2) The licensee shall ensure that any school programmes included in the Licensed Service are of high quality and are suitable to meet the needs of schools in the Licensed Area.

9.   Party political broadcasts

   The licensee shall include in the Licensed Service, political parties broadcasts in accordance with such rules and as the Commission may from time to time determine including without limitation, rules with regard to the political parties on behalf of which such broadcasts may be made and the length and frequency of such broadcasts.

10.   Subtitling for the deaf

   (1) The licensee shall include in the Licensed Service not less than the relevant minimum number of hours in a week of programmes with subtitling for the deaf (whether provided by means of a teletext service or otherwise) and shall procure that such technical standards as the Commission shall from time to time specify are attained in relation to the provision of such subtitling.

   (2) For the purpose of the conditions set out in paragraph 10(1), the relevant minimum number of hours in a week shall be such number of hours in a week in any given year during the Licence Period as the Commission shall from time to time determine and notify to the licensee in accordance with the provision of the Act.

   (3) The licensee shall not impose charges for providing subtitling for the deaf in respect of any programme included in the Licensed Service.

11.   Listed events

   (1) The licensee shall ensure that no programme which consists of or includes the whole or any part of a listed event be included in pay-per-view in terms in the Licensed Service.

   (2) Paragraph 11(1) shall not apply in relation to the inclusion in the Licensed Service of any programme which consists of or includes a recording of the whole or any part of any listed event where the programme is so included more than 48 hours after the original recording was made.

   (3) For the purposes of the conditions set out in paragraph 11(1)–

   (a)   a listed event is a sporting or other event of national interest which is for the time being included in a list drawn up and published by the Commission;

   (b)   a programme will be deemed to be included in the Licensed Service on pay-per-view in terms of any payments failing to be made by subscribers to the Licensed Service will or may vary according to whether the programme is or is not actually received by them.

12.   Advertising sponsorship standards and requirements

   (1) The licensee shall ensure that subject to any regulation from time to time made by the Commission–

   (a)   the Licensed Service does not include–

      (i)   any advertisement which is inserted by or on behalf of anybody whose objects are wholly or mainly of a political nature; or

      (ii)   any advertisement which is directed towards any political end; or

      (iii)   any advertisement which has any relation to any industrial dispute (other than an advertisement or a government department);

   (b)   in the acceptance of any advertisement or advertisement for inclusion in the Licensed Service there is no unreasonable discrimination either against or in favour of any particular advertiser; and

   (c)   the Licensed Service does not, unless the Commission otherwise agrees, in writing, include any programme which is sponsored by a person whose business consists, wholly or mainly, in manufacture or supply of a product, or in the provision of a service which the licensee is prohibited from advertising by virtue of any provision of this licence, the Act, or the code of advertising and sponsorship, provided that nothing in this Condition shall prevent the inclusion in the Licensed Service of any political broadcast which complies with the rules referred to in paragraph 9.

   (2) The licensee shall comply with all directions, whether general or specific and/or qualified or unqualified, given to him by the Commission with regard to advertisements or methods of advertising or sponsorship, including but without limitation, directions with respect to–

   (a)   the classes and description of advertisements and methods of advertising or sponsorship to be excluded, or to be excluded in particular circumstances; and

   (b)   the exclusion of a particular advertisement, or its exclusion in particular circumstances; and

   (c)   the times when advertisements are to be allowed, including without limitation to directions in relation to–

      (i)   the minimum amount of time to be given over to advertisements in any hour or other period;

      (ii)   the minimum interval which must elapse between any two periods given over to advertisement and the number of such advertisements to be allowed in any programme or in any hour or day; and

      (iii)   the exclusion of any advertisement or advertisements from a specified part of the Licensed Service; which directions may take different provision for different parts of the day, different parts of the week, different types of programme or for other differing circumstances.

   (3) The licensee shall ensure that the provision of the Code of advertising and sponsorship are observed in the provision of the Licensed Service.

   (4) The licensee shall, if so requested by the Commission, make all necessary arrangements to enable the Commission, or any person authorised by the Commission, to preview at, reasonable times any particular advertisement or any class of advertisement specified by the Commission and/or he script from which any such advertisement is to be produced provided that no previewing by the Commission of any advertisement shall imply that the Commission has given its approval thereto, and any advice and/or guidance given to the licensee by the Commission with regard to any such advertisement shall be without prejudice to the powers and duties of the Commission under the Act.

13.   Technical standards and requirements

   The licensee shall use all reasonable endeavours to ensure that the signals carrying the service attain high standards in terms of technical quality and reliability throughout the service area as is for the time being reasonable, practicable and in particular, but without prejudice to the generality of the foregoing the licensee shall do all that it can to ensure that the relevant provision of the Technical Performance code are observed in all the operations under its direct control.

14.   Provision of additional services

   (1) The Commission reserves the right to licence under the Act any or all of the spare capacity within the signals carrying the Licensed Service which the Commission determines to be available for the provision of additional services having regard to the licensee's rights and obligations to provide subtitling pursuant to paragraph 10 and to the need of the Licensed Service for providing services which are ancillary to programmes included in the Licensed Service and directly related to their contents.

   (2) Nothing in this licence shall authorise the licensee to broadcast or procure the broadcasting of any picture, sound test, or other signals on the spare capacity referred to in paragraph 14(1).

   (3) The licensee shall grant to any person who holds a licence to provide additional services on any frequency on which the Licensed Service is provided, and to any person authorised by any such person to provide additional services on that frequency, access to facilities reasonably required by that person for the purpose of, or in connection with, the provision of any such additional services.

   (4) The licensee shall be entitled to require any person to whom he grants access to facilities in accordance with paragraph 14(3) to pay a reasonable charge in respect thereof and the licensee shall use all reasonable endeavours to agree upon the amount of that charge with such person. Any dispute as to the amount of any such charge shall be determined by the Commission.

15.   Provision of information to the Commissioner

   (1) The licensee shall furnish to the Commission in such manner and at such times as the Commission may reasonable require such documents as the Commission may require to it by or under the Act and in particular but without prejudice to the generality of the foregoing, the licensee will notify the Commission–

   (a)   of any change in the persons having control over the licensee, or in the directors of the licensee or the directors of any body corporate which controls the licensee, within 26 days of the occurrence of such change;

   (b)   of any change in the person having interest in the licensee so that a person or group of persons acting together–

      (i)   has acquired an interest of more than five percent in the licensee or in any body corporate which controls the licensee; or

      (ii)   having an interest or more than five percent in the licensed or in any body corporate which controls the licensee has increased such interest, within 28 days of the licensee becoming aware of such charge;

      (iii)   the licensee shall, save in so far as such matters have been notified to the Commission pursuant to paragraph (a) notify the Commission within 28 days of the occurrence of all matters, notice of which it is required to give to the Registrar of Companies.

   (2) The licensee shall ensure that any person authorised in writing by the Commission is permitted at reasonable times to enter any premises of the licensee or of any connected person in order to–

   (a)   inspect, examine, operate or test any equipment on the premises which is used in connection with the provision of the Licensed Service; and

   (b)   inspect and examine all statutory books and financial and other business records of the licensee and to take such copies thereof as may in the opinion of the Commission be necessary or desirable to enable it to discharge its functions under the Act.

   (3) The licensee shall–

   (a)   retain, or arrange for the retention of, a recording in sound and vision of every programme included in the Licensed Service for a period of 90 days from the date of first inclusion therein;

   (b)   if so requested by the Commission forthwith produce or arrange for the production to the Commission of any such recording for examination or reproduction; and

   (c)   if so requested by the Commission, forthwith produce to the Commission any script or transcript of a programme included in the Licensed Service which he is able to produce to it.

   (4) The licensee shall within 28 days of request therefor provide the Commission with such information as it may require for the purposes of determining or revising the tariff referred to in paragraph 3(1).

   (5) The licensee shall supply to the Commission–

   (a)   in relation to himself and any body which controls the licensee (where a body corporate) a copy of his annual return at the same time as it is filed with the Registrar of Companies and a copy of his annual report and accounts as soon as possible after they are circulated to the shareholders of the relevant body corporate; or

   (b)   details, in whatever form and within such period as the Commission may reasonably require, of any particular advertisement or any class of advertisement specified by the Commission or any sponsored programme which the Commission shall from time to time require;

   (c)   post-transmission data in relation to the programmes included in the Licensed Service covering such information and in such form as the Commission shall specify, such data to be delivered to the Commission as soon after transmission of the programmes to which they relate as the Commission may require; and

   (d)   (i)   such technical performance data as the Commission shall specify;

      (ii)   tapes/recording of such programmes as the Commission shall from time to time require for the purpose of monitoring the technical performance of the licensee.

   (6) The licensee shall inform the Commission when judgement is awarded against him in any court proceedings brought against him in respect of the inclusion in the Licensed Service of any defamatory, seditious, blasphemous, or obscene matter, or any matter which constitutes an injurious falsehood, of any copyright, moral right, in a performance, design right, registered design, service mark, trademark, letters patent, or other similar monopoly right, or a contravention of the provisions of the Officials Secrets Acts or of any statutory enactment or regulation for the time being in force, or a criminal offence, or contempt of Court, or breach of Parliamentary privilege.

   (7) The licensee shall supply the Commission with details of the procedures and of any revision of such procedures adopted by him and required to be observed by those involved in providing the Licensed Services for the purposes of paragraph 22(2).

   (8) The licensee if so requested by the Commission shall at such intervals and at such times as the Commission shall require attend meetings with the Commission and if the Commission shall so require with the holders of other TV/Radio licences, for the purpose of enabling the Commission to conduct periodic reviews of the performance by the licensee of his obligations under the licence and of the performance by the holders of other TV/Radio licences of their obligations under their respective licences.

16.   Renewal of the licence

   (1) The licence may be renewed on one or more occasions for a period of five or three years beginning with the date of renewal.

   (2) The licensee may apply to the Commission for renewal of the licence not earlier than six months before the date on which it would otherwise cease to be in force and not later than three months before the relevant date.

   (3) The Commission shall only refuse an application for renewal of the licence by the licensee if–

   (a)   it is not satisfied that the licensee would, if the licence were renewed, provide the Licensed Service in compliance with the conditions set out in paragraph 2 of Annex I; or

   (b)   it proposes to grant a fresh TV/Radio licence for the provision of a service which would differ from the Licensed Service as regards to either–

      (i)   the area for which it would be provided; or

      (ii)   the times of the day or days of the week between or on which it would be provided, or both; or

   (c)   it appears to the Commission that there are grounds for suspecting that any source of funds to which the licensee might directly or indirectly have resource for the purpose of–

      (i)   paying the amount of the Renewal Payment in respect of the first complete calendar year falling within the period for which the licence is renewed, or the amount of the Renewal Payment as increased by the appropriate percentage in respect of each subsequent year falling wholly or partly within such period; or

      (ii)   otherwise financing the provision of the Licensed Service;

   (4) On the grant of any such application the Commission–

   (a)   shall determine the amount of the Renewal Payment; and

   (b)   may specify any additional payment that will be payable by him in place of the payments required to be made pursuant to paragraph 4 inclusive during the period for which the licence is to be renewed.

   (5) The amount of the Renewal Payment shall be such amount as would in the opinion of the Commission, be payable to it by virtue of section 11(1) of the Act if it were granting a fresh licence to provide the Licensed Service.

   (6) Where the Commission has granted an application of the licensee for renewal of the licence it shall formally renew his licence not later than the relevant date, or if that is not reasonably practicable, as soon as after the relevant date as is reasonably practicable and it shall not so renew his licence unless it has notified him of the amount of the Renewal Payment and he has, within such period as the Commission shall specify in the notification, notified them in writing that he consents to the licence being renewed on those terms.

   (7) If the licence is renewed pursuant to this Condition, it shall continue in full force and effect and paragraphs 4 and 22 shall have effect during such period.

17.   Competition in the provision of Licensed Services

   The licensee shall–

   (a)   not engage in any practice or enter into any arrangement which is prejudicial to fair and effective competition in the provision of Licensed Services and services connected with them; and

   (b)   comply with any direction from time to time issued by the Commission to the licensee for the purposes of ensuring fair and effective competition in the provision of Licensed Services and services connected with them.

18.   Audience research

   The licensee shall make arrangements in a manner approved by the Commission for reporting in the second and fourth year of the Licence Period the state of public opinion concerning programmes included in Annex I.

19.   Restrictions on the interests held in other media services

   (1) The licensee shall comply in all respects with any requirements imposed on him by or under section 10(3)(b) of the Act to the extent that such requirements apply to him.

   (2) The licensee shall comply with any direction of the Commission requiring him to take, or arrange for the taking of any steps specified by the Commission for the purpose of complying with the requirements referred to in paragraph 19(1) above.

20.   Transferability of the licence

   The licence is not transferable except with the prior consent in writing of the Commission which consent shall not be given unless the Commission is satisfied that the person or persons to whom it is proposed to transfer the licence would be in a position to comply with all of the Conditions hereof throughout the remainder of the Licence Period.

21.   Station identification

   (1) The licensee shall not begin broadcasting under the licence unless the name by which he proposed the Licensed Services known as the "station name" and has been approved in writing by the Commission for use by the licensee as a station for the Licensed Services. The legality of using any particular name is a matter for the licensee to ascertain.

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